Property and Planning
Brynmor is a property specialist. The Legal 500 describes him as “highly intelligent and astute barrister. He has superb attention to detail and gets to the nub of a matter very quickly. Clients love his no-nonsense approach”.
Brynmor combines and excellent technical grasp of property law and formidable advocacy with a pragmatic approach to dispute resolution. Clients value his strategic and commercial approach to litigation.
His practice covers all areas of property law. This ranges from real property disputes about boundaries, easements and land registration through to commercial and residential landlord and tenant matters.
Recent cases in which Brynmor has acted include:
Real Property
- Ridley v Brown [2024] UKUT 14 (LC): an adverse possession claim where Brynmor appeared for the objector in the First-tier Tribunal and Upper Tribunal.
- Crotty v Dean [2023] UKFTT 00569 (PC): an adverse possession claim concerning a bothy and surrounding land in the Cumbrian countryside where Brynmor represented the successful objectors.
- A 4-day trial of dispute between a farm and a caravan park raising issues of proprietary estoppel, constructive trusts, adverse possession and easements.
- An adverse possession claim relating to a track to a Ministry of Defence base.
Commercial Landlord and Tenant
- Successfully resisted an application for summary judgment and an appeal involving the question of whether a payment in respect of VAT was required for a commercial tenant validly to exercise a break clause.
- A claim for a new business tenancy under the Landlord and Tenant Act 1954 involving a complicated issue of compromise.
- Representing a landlord who sought to forfeit the lease of a Blackpool hotel.
- A terminal dilapidations claim with a counterclaim for wrongful forfeiture.
- A dispute between two commercial landlords about the right to charge for parking on the roof of a parade of shops.
Residential Landlord and Tenant and Housing
- Bentham v Lindsay Court [2021] UKUT 4 (LC): Brynmor successfully represented the right to manage company who sought to displace a Tribunal-appointed manager. He was also successful on appeal.
- An ongoing First-tier Tribunal service charge dispute involving fire and building safety issues under the Building Safety Act 2022.
- A four-day trial of a claim for possession of social housing in Liverpool based on persistent anti-social behaviour
- A possession claim brought by a fully mutual co-operative landlord involving arguments about certainty of term and defences based on the Equality Act 2010.
- Taylor v Burton [2021] EWHC 1454 (Admin): An appeal against a costs order made in proceedings relating to disrepair in residential premises.
Trusts of Land and Proprietary Estoppel
- A constructive trust and proprietary estoppel claim relating to the sale of a property already subject to a contract for sale.
- A constructive trust claim between cohabitees involving allegations and counter-allegations of fraud.
Brynmor is experienced in private sector and public sector property disputes. He is a member of the B Panel of Junior Counsel to the Crown. He undertakes a variety of work for central government departments. He also acts extensively for local government and for social landlords. The directories also recognise him as a leader in the fields of public law, local government and social housing. He has particular expertise where property law issues interact with issues of public, human rights and equality law.
Brynmor is based in Manchester but practices nationwide. He is the go-to property junior on the Northern Circuit and typically appears against experienced and specialist counsel. Brynmor has experience of appearing at all levels of court and tribunal. He has appeared on numerous occasions before the Property Chamber of the First-Tier Tribunal in leasehold and land registration disputes, and on appeals to the Upper Tribunal and the Court of Appeal.
Brynmor is ranked in both the leading directories. Chambers and Partners has described him as “a gentleman with great technical ability… he is also good with clients” and as “really good and has a very commercial approach.” The Legal 500 says that he is “client-focused” and “an able and unflappable advocate who demonstrates legal maturity way beyond his year of call”.
Brynmor is a committee member of the Property Bar Association and of the Manchester Business and Property Courts Property Sub-Forum.
Property Cases
- Ridley v Brown [2024] UKUT 14 (LC): An adverse possession claim concerning the requirement that the squatter reasonably believes that the land belongs to them. Brynmor appeared in the First-tier Tribunal and on appeal in the Upper Tribunal.
- Crotty v Dean [2023] UKFTT 00569 (PC): An adverse possession claim concerning a bothy and surrounding land in the Cumbrian countryside where Brynmor represented the successful objectors.
- Taylor v Burton [2021] EWHC 1454 (Admin): An appeal relating to a residential landlord’s liability for costs following proceedings brought by the tenant in respect of housing disrepair under the Environmental Protection Act 1990.
- Bentham v Lindsay Court (St Annes) RTM Company Limited [2021] UKUT 4 (LC): Brynmor successfully represented the leaseholders and the RTM company in this appeal concerning the interaction between the right to manage and the Tribunal’s power to appoint a manager. The exercise of the right to manage will displace a pre-existing manager appointment in all circumstances. A fresh application to appoint a manager is required to remove the RTM company.
- Joy Smith v Mohammed Riaz Khan [2018] EWCA Civ 1137: An appeal concerning the correct approach to general damages for trespass in unlawful eviction cases. The Court emphasised that damages run until the evicted tenant’s right to possession was actually terminated (not to the date when it could lawfully have been terminated). The Court also considered the appropriate rate of damages and the relevance of the rent and comparator cases.
- 23 Dollis Avenue (1998) Limited v Vejdani [2016] UKUT 0365: Established the important principle that the consultation requirements for major works do not affect the payability of on-account service charge demands.
- Kaur v Birk & ors [2014] EWHC 1147 (Ch): Representing the Claimant in an 8-day Chancery Division dispute about ownership of a family property portfolio raising issues of undue influence and trusts of land.
- Southward Housing Co-operative v Walker [2015] EWHC 1615 (Ch): Acted for a fully-mutual landlord in proceedings for possession. The case addressed the implications of the Supreme Court’s decision in Mexfield v Berrisford concerning the requirement for certainty of term.
- Daejan Properties Limited v Griffin [2014] UKUT 206 (LC): represented the lessees at first instance and on appeal to the Upper Tribunal in this service charge dispute involving historic neglect and s. 20C orders.
- Cameret Court Residents Association Limited v Tedla [2015] UKUT 0221 (LC): Acted for the Respondent in an appeal concerning a compromise of a service charge dispute (s. 27A Landlord and Tenant Act 1985) and the requirements of s. 47 of the Landlord and Tenant Act 198.
